The organization filed a complaint to uncover information about an unlawful traffic stop involving overreach, racial profiling, and retaliation against a Maine resident.
PRESQUE ISLE, Maine — The ACLU of Maine has filed an administrative complaint with U.S. Customs and Border Protection (CBP) after agents unlawfully stopped and detained two Hispanic people. The stop likely violated the Fourth Amendment’s protections against unreasonable searches and seizures: CBP agents cannot stop people based on their race or ethnicity alone and cannot stop people solely for a traffic violation. The complaint, filed on behalf of Caribou resident Jamie L. Zilko, also details how a CBP agent unlawfully detained Ms. Zilko and violated her First Amendment rights when she attempted to record the incident, assaulting her by throwing her face-down against the detainees’ vehicle.
On May 21, 2025, Ms. Zilko and her husband were driving in Presque Isle when they saw CBP agents stop a car with two Hispanic passengers. Concerned for the safety and rights of the people detained, Ms. Zilko pulled over at a safe distance and began recording the interaction. She did not interfere with the stop, but an agent nonetheless approached Ms. Zilko, forced one of her arms behind her back and slammed her against the detainees’ vehicle, in clear retaliation for her attempt to film the stop.
The agents would not tell Ms. Zilko why they initiated the traffic stop. CBP must have probable cause or reasonable suspicion to justify a stop, and race or ethnicity alone cannot provide that reasonable suspicion. Although the agents suggested that the car had been speeding, CBP cannot stop a vehicle solely for a traffic violation.
The ACLU of Maine’s complaint argues that:
- CBP agents likely violated the Fourth Amendment rights of two people by conducting a traffic stop that may have been racially motivated. There was no apparent reasonable suspicion to justify the stop, no one was arrested, and no citation or summons was issued, suggesting that no violation was committed.
- CBP lacks legal authority to conduct traffic stops in Maine for minor traffic violations like speeding. This is solely the responsibility of state and local law enforcement.
- Ms. Zilko’s detention and assault were violations of her First and Fourth Amendment rights in retaliation for her attempt to legally record the traffic stop.
The Constitution does not stop 100 miles from the border. Courts around the country have repeatedly found that race or ethnicity alone cannot provide reasonable suspicion to justify a traffic stop.
“CBP’s conduct during this event reflects a wider pattern of unlawful racial targeting in Maine,” says ACLU staff attorney, Anahita Sotoohi. “When CBP pulls over motorists without any clear justification and physically harms people who try to film that behavior, they are actively making our communities less safe.”
“I believe every person—no matter their race or background—deserves to feel safe in their own community,” says Jamie Zilko. “We’re taught that everyone deserves a fair shot and equal protection under the law—that’s what this country is supposed to stand for. When I saw Border Patrol stop that car, I wanted to make sure the people inside were safe and knew their rights. Instead, CBP met me with violence and intimidation. That doesn’t make us safer. It exposes exactly why oversight and accountability are so urgently needed.”
The ACLU of Maine is asking CBP to provide any and all documents related to the incident, and all policies or other documents that describe CBP’s authority to conduct traffic stops in Maine.
